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Where you are right now (clear state)

  • CNA has not accepted or denied the claim
  • They have sufficient information to decide
  • They are using non-committal language (“potentially”)
  • The engineer reports are already complete
  • Additional emails will not force resolution
  • Statute-of-limitations risk is real, not hypothetical

At this point, the claim process is functionally over, even though they won’t say it.

**Step 2** — File a protective lawsuit (even if narrow)

  • This is not escalation — it’s preservation.

Key points

  • You do not need an attorney to file
  • You do not need to perfect the case now

You only need:

  • proper parties
  • basic causes of action
  • correct venue
  • filing before SOL
  • You can amend later.
  • You can add counsel later.
  • You can refine damages later.

But you cannot fix a missed deadline.

**Step 3** — Venue & parties (clean approach)

Venue

Harrison County, Texas – District Court

Yes, even though the City is involved. This is normal. Courts handle this all the time.

Defendants (recommended)

  • Casey Slone Construction, LLC
  • Continental Casualty Company (CNA) (for bad faith / unfair claims handling)
  • City of Marshall, Texas (for property damage under TTCA)
  • Insurance Agency?

You can always nonsuit or sever later if needed.

lawsuit.1765733342.txt.gz · Last modified: 2025/12/14 17:29 by lwattsii